(영문) 울산지방법원 2017.11.30 2017가단60576

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(영문) 울산지방법원 2017.11.30 2017가단60576

기타(금전)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion was made by the defendant's employees at the request of the defendant to introduce and request factory buildings of not less than 3,000 square meters located in Ulsan-gu Coastal Dong and filial Dong, and notified the defendant that brokerage commission is 0.7% of the sales price, along with information on the Ecopact corporation (hereinafter "Ecopact") and the Ecoptox corporation and the Ecopex.

The defendant, who has obtained information from the plaintiff in the Ecrypt, concluded a sales contract by directly contact with the Ecrypt and did not pay a brokerage commission to the plaintiff.

However, the defendant was provided for the first time by the plaintiff with the Ecophal information, and based on the information provided by the plaintiff, the defendant could conclude a sales contract with the Ecophal. Therefore, the defendant is obligated to pay 50,400,000 won to the plaintiff as a brokerage commission, equivalent to 0.7% of the sales price.

B. Determination 1) Article 2 subparagraph 1 of the Licensed Real Estate Agents Act provides that "trade mediation" means mediation between the parties to a transaction regarding the object of brokerage under Article 3 as to the transaction, exchange, lease, or other acquisition, loss, or modification of rights. In light of the purport of the legal provisions that aim to protect the parties to the transaction, the issue of whether an act here constitutes a brokerage shall be determined not by the subjective intent of the broker who has the intention to mediate and mediate the transaction on behalf of the party to the transaction, but by whether the broker's act is objectively deemed as an act for mediating and arranging the transaction in light of social norms (see Supreme Court Decision 2005Da32197, Oct. 7, 2005). In light of the purport of the legal provisions that aim at protecting the parties to the transaction, it shall be decided not by the broker's subjective intention, but by whether the broker has objectively been deemed as an act for mediating and arranging the transaction in terms of social norms (see Supreme Court Decision 2005Da32197, Oct. 2

참조조문

-공인중개사법 제2조 제1호

-공인중개사법 제3조

참조판례

-대법원 2005. 10. 7. 선고 2005다32197 판결

유사 판례

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